The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-05-07
F0GARTY FALLS IN A FIT.
THE PRISONERS ACTIONS CAUSE
A BREAK IN HIS TRIAL.

A BREAK IN HIS TRIAL.
ae Rolls from His Chair and is Taken
Out of the Court Room by Force
Doctors Apply Tests to Determine
Whether His Illness is Feigned OF
Real-The Court Adjourned Until the
Prisoner Receivers Sensational Fea-
lures of the Trial.
At $50 yesterday enorning the trial OF
Thomas Fogarty for shooting Edward j.
Xieffer with intent TO kill was resumed in
The Superior Court There were even more
tpectators present than on the day before,
and quite as many as at any time during the
FIRST trial
Mr. Meldrim for the defendant resumed
The examination of his witnesses, calling
among others Mr.. Richard Fogarty and Mrs.
Fogarty. Their evidence was substantially
the same as on the first trial. except that
they mentioned that their son has had one
epileptic attack since the mistrial. A cousin
of the prisoners testified that he has a
brother in an asylum at Binghamton,N N. Y,
where he was sent because of insanity re-
sulting from epilepsy.
hA1O LESTER
Mayor Rufus E. Lester was put on the
stand to testify to what Kieffer said in the
Police Court on the morning before the
shooting. On the former trial it was stated
that Mr. Kieffer said in the Police Court
that he would have shot Fogarty if he had
had pistol when the youth abused Mrs
Kieffer. Mr.. Kieffer denied having made
such a statement. Col. Lester stated that
to the best of his belief Kieffer said he
f,1oht tO hava shot EoOaY.+x GEMr brat,,c
however, who represented him, took down
the evidence, and probably has the language
in his notes."
The Mayor said in reply to question by
the Solicitor that Fogarty made an exculpa-
tory statement before him, and did not so
far as he could see show evidence of insanity.
THE PRISONERS THREAT.
j. j. Abrams, Esq, was put on the stand
! by the State and questioned about the evi
dence in the police court when Fogarty was
tried for disorderly conduct Mr. Abrams
read from his notes the following statement,
which he said Kieffer made: ''Some one
ought to have taken a pistol and shot me
J for not resenting the insult TO my wife.
am sorry did not go down stairs"
One of the last witnesses called by the de-
Tense was DR.. j. J. Warning His cross-ex-
animation was the breeziest incident of the
trial up to that time Mr. duBignon asked:
'Doctor, did | not understand you to say on
the former trial that every epileptic is more
or less insane and dangerous to society, and
ought to be confinedT'
81 did make such statement, ~ the witness
replied.
NAPOLEON AN EPILEPTIC.
son that trial believe you said that Ma
poleon Bonaparte and Julius Caesar were
epilepticsr
Yes
''Do you think that Napoleon was tainted
with insanity in any form"
Il do and | think he ought to have been
confined
because of his insanity, or ambition?"
81 think insanity had much to do with
his elTatic course, :" and the doctor added
that he thought the Emperor should have
been confined as man dangerous to so
ciety.
1.-The friends of Napoleon are indebted to
you for that charitable opinion" remarked
the Solicitor. The questions and replies fol
lowed rapidly and the examination was be-
coming very lively when the Solicitor drop
ped the historical issue and returned to the
prisoners case.
A DANGEROUS MAN.
'sDid you consider Fogarty u dangerou.
factor TO societyP' the witness was asked.
ssYesr
''Did you ever advise his father to hav,
him confined or removedg'
mo-
GAS a good citizen wasn't it your duty tt
80 advise the fatherg'
Il do not go through the world reforming
it, answered the witness tartly.
Il don't think your worst enemy in thii
community would accuse you of that" com
mented the Solicitor
A hypothetical question covering Fogar
tvs case was then put to the witness, anC
he was asked if he would say
Aa% Ia o14 ST lfafD,
in violent passion, which was his reply OF
the first trial. The witness replied that hi
would so consider such a case. The doctor
was then asked if he would swear that Fo
garty did not know right from wrong, anC
he replied that he would not so swear.
TILT WITH A WITNESS
There had appeared to be little tempes
rising for several minutes between the wit
ness and the Solicitor, and at about thi
point the witness, addressing the States rep
resentative, said:
''Mr. duBignon, you are trying to senC
this man to the penitentiary and he should
not go. His place is in the lunatic asylum
'tAre you aware of the nature of the ples
in this case, and do you not know that hi
counsel could have plead insanity and haC
this prisoner sent to the asylumw the Solici
tor inquired.
''No, know nothing about that, but yol
are trying to send him where he ought no
to go" the doctor answered sharply.
"Since you are so kind as to volunteer
that statement will ask you question
which did not intend to ask How mucl
do you expect to be paid for your testi
monyp
EXPECTED TO BE PAID.
81 was summoned here by the defense T.
testify to facts. l expect the county to pa,
me for my evidence as an expert"
''You are hugging a delusion, doctor
The State won't foot the bill" Proceedin,
with the examination the Solicitor asked
''Do you think this man ought to b
turned loose on the community"
Il do not
''He is liable to shoot any one, isn't herr
He is
SIS not epilepsy one thing and epiecti
insanity another thing!"
''Yesn
SIS this man an epileptic or is he cpl
leptieally insanel"
''He is an epileptic iubecile.n
INiBECILITY AND IDIoCY.
'Doctor, isn't it true that imbecility !
but form of idiocy, and when applied q
mental troubles doesn't i. mean an abSeuc
Of mindl'
ssYesn
isn't it true then both OF idiots and i'm
haciIae Of fbis oY1a,. tbof tha,- ,.aaIl,, o1,,